help needed with cat d write off

bsreedy

hi everyone,
this is my first post, but have used this site over the years for tips, help and guidance in the past.

here's my problem that so far I've so far not found any help with

my partner was in a car accident 2 years ago, it was the other drivers fault, and this was not disputed. The car was taken away for repairs as per the insurance companies instructions, a courtesy car was then provided. Once the car was repaired it was returned to her and the courtesy car returned. She has since gone to sell the car but is unable to do so because it appears that the car now has a status of category d. This was never told to her at any time throughout the accident. can an insurance company class the car as a cat d without informing her, where does she stand with this now that the car has de-valued in price and has become a problem to sell. If the car has been repaired by the insurance company, by a reputable company I might add, should the car be classed as a cat d or just returned to the road as normal.

From my own research into this it seems apparent that if a car is a cat d the insurance company should have wrote it off and my partner should have been paid out accordingly. But at no time have they ever informed her about the cat d. Now she has contacted them and no one seems to want to help or take responsibility for this. She has contacted her old insurance company, the insurance company of the other driver, the DVLA and has filed a report with the motor ombudsman but so far no reply. Her own insurance company state it is nothing to do with them and the other drivers insurance company have been of no help whats so ever. Does anyone know if this is now a legal matter? By this I mean they have classed the car as a cat d without informing her.
Please help/advice?

Billy_Bullocks

It sounds like it was a cat d when she bought it.

angrycrow

Pay for a proper hpi report which will give you the date the cat d marker was placed on the car. This will tell you if the cat d was on the car before in which case its tough luck for not checking before buying the car.

I suspect what has actually happened is the car was borderline cat d so they started to go down this route then after putting it on MIAFTR as cat d changed their mind and repaired it. Only the insurer who entered the cat d can remove it so they will need to do so.

bsreedy

thanks

just done the hpi and it wasn't cat d before buying however its showing as cat d write off 3 days before the accident , so am to assume the insurance company has made a mistake in writing the car off as they fully repaired it.

if so how can I get them to take the cat d off, as so far from talking to them on the phone they just keep passing me on from department to department and I never get anywhere

thanks again